Charge with Refusing a Roadside Breath Test? We can help.

Charge with Refusing a Roadside Breath Test? We can help.

Have you recently refused a roadside breath test? We can help. Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about it and hope it will go away, it won't!

All of our traffic lawyers have hundreds of cases worth of experience in defending clients who have been charged with a traffic offence, especially those who have been charged with refusing a roadside breath test. Our success rate in greatly reducing or even completely avoiding a drink driving ban is second to none.

Rob Bimpson, one of TrafficLawyer4u's expert drink driving ban solicitors, is widely acknowledged to be an expert in defending all types of UK driving bans, including drink driving and refusing a roadside breath test. He has been dedicated to the defence of clients since 1989, and his welth of experience will be used to personally ensure you receive the best advice and the to help you achieve the best possible outcome to your case.

Refusing a Roadside Breath Test: The Law

When a person is stopped by a uniformed police office, they are able to request the driver provides a preliminary breath test so long as they reasonably suspect the driver is guilty of the following charges:

- Is driving, attempting to drive or is in charge of a vehicle while under the influence of alcohol or drugs. - Has been driving, attempting to drive or is in charge of a vehicle while under the influence of alcohol or drugs.- Has committed a road traffic offence while in charge of a moving vehicle.

Once the officer has requested the driver to provide a preliminary sample, it is an offence to refuse. You will be treated in the same manner as you would be had you failed the roadside breath test. You'll be taken to the local police station and required to provide a further, more accurate breath test as evidence. If it's positive, you will be charged.

Sometimes, there might be a geniune physical or mental reason for you being unable to provide a breath test sample at the roadside. This will be taken into consideration, but is by no means a get out of jail free card.

Furthermore, a constable, whether or not in uniform can demand a person cooperate with a preliminary test (roadside breath test) if an accident occurs on a road or other public place and the constable reasonably believes the person to have been driving, attempting to drive or is in charge of a motor vehicle involved in the accident. You should note that the power to request the preliminary test (roadside breath test) in these circumstances actually requires an accident to have taken place.

Refusing a Roadside Breath Test: The Conviction

Should you fail or refuse to provide a roadside breath test sample, you will be taken to a police station. Here you will be expected to provide a sample and, depending on the outcome of this sample, you will either be released without charge, charged with refusing to provide a breath test sample or charged with failing a breath test sample.

The current UK limit for alcohol concentration in the breath is 35 micrograms per 100 millilitres of breath, as set by the 1988 Road Traffic Act. Although, should you register an alcohol concentration of less than 40 micrograms per 100 millilitres of breath, you will not normally be charged. In some cases, they might use back calculations in cases where they suspect a driver's breath alcohol level was above the limit at the time of the offence.

Refusing a Roadside Breath Test: The Penalty

The penalties involved with failing and refusing a roadside breath test vary according to the crime you are convicted of, and the amount of alcohol that was in your system at the time. Generally, failure and refusal both carry the same penalties. Both can result in you receiving a minimum of 4 penalty points or even being disqualified, receiving an unlimited fine and and potentially face 6 months' imprisonment.

If you're convicted of a similar offence within 10 years, a mandatory minimum three year minimum driving disqualification will be imposed. The punishment for failing to provide an evidential specimen after being arrested for being drunk in charge of a vehicle is 10 driving licence penalty points or a driving disqualification, and a fine of up to £2,500, plus potentially three months imprisonment.

We are able to help with all of the above convictions, but it is important that you contact us as soon as possible to give you the best chance at the best possible outcome. So don't delay, contact TrafficLawyer4u today to see how we can help you avoid a possible drink driving ban!

Contact us about Refusing Roadside Breath Test

For more information regarding Charge with Refusing a Roadside Breath Test? We can help. then please contact us on 0800 195 6567 or email us at .

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The careless driving offence actually has a very wide definition. The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access

Are you facing a careless driving or Driving without Due Care and Attention charge? Contact us today to find out how we can help, or click read more below to find out more about our careless driving defence! As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

Robert Bimpson is an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case. Our success rate in either avoiding or greatly reducing a driving ban is huge.

In order to achieve a conviction for drink driving, the court has to be satisfied that all procedures have been followed correctly. Never forget that evidence can be challenged by a defendant who does not accept that he is guilty of drink driving. It is important that you contact us as soon as possible so we can begin to build your defence!

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person. We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.

In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations. If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately. We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.

Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle. There are, and success may well depend upon the speed with which you act when you are prosecuted. Contact us immediately.

In a prosecution for failure to stop we advise that you contact us immediately. There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.

It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.

As with lot of road traffic offences, failing to stop is widely defined. It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle. The definition of ‘accident’ tends to be regarded in a common sense way. Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

You can only be convicted of failing to cooperate with a preliminary test if you do so without ‘reasonable excuse.’ Such
an offence can cover several situations where a person has not
cooperated with a preliminary test, but usually relate to a defendant
being physically or mentally incapable of providing it or to so would
entail a substantial risk to his health. The inability to cooperate
with a preliminary test, if caused by drink or drugs will not be a
defence. If you face prosecution for this traffic offence you need a
specialist drink drive lawyer to best represent your interests.

If you believe that any evidence of you speeding is wrong, you should contact us as soon as possible. To secure a conviction, the court has to be sure as to the accuracy of any evidence. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

Remember, if any speeding ticket potential prosecution is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about the speeding fine and hope it will go away, it won't. Contact us today to find out how we can help!

Most offences will be dealt with by way of three penalty points and £60 Fixed Penalty Notice. If you got caught using a mobile phone whilst driving a bus or any heavy goods vehicle the matter could proceed to a Court hearing and you could be fined up to £2,500.

In a prosecution for failure to stop we advise that you contact us immediately. There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.

It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.

As with lot of road traffic offences, failing to stop is widely defined. It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle. The definition of ‘accident’ tends to be regarded in a common sense way. Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.